• David’s slingshot rattles Grace Poe

    65

    The moneyed backers of Sen. Grace Poe were told that Rizalito David’s disqualification case against her was just a minor inconvenience and passing distraction. They were made to believe that the case would be dismissed by the Senate Electoral Tribunal (SET), because it had dropped the residency issue in the complaint.

    Poe and her lawyers assured the deep pockets that if the case enters into the period of oral arguments, they had all the firepower to make short work of David and his lawyer (he has one lawyer, Manuelito Luna).

    Instead, the duel at the tribunal last Monday turned out to be a real contest. The oral arguments were reminiscent of David’s duel with Goliath in the Bible. Rizalito’s slingshot had some real stones to fire. Poe’s lawyers had only blanks for bullets.

    David’s counsel forcefully presented their main argument that when Ms. Grace Poe- Llamanzarees ran for senator in the May 2013 election, she did not possess the legal qualification of being a natural-born Filipino citizen.

    Her claim of being a foundling does not help her. It rather underscores the fact that her parentage is unknown. She must still prove that she is a natural-born Filipino.

    The counter-argument of Ms. Poe’s two lawyers was to claim that under customary international law, Ms. Poe, as a foundling, should enjoy the presumption of being a natural-born citizen of the Philippines. They glossed over the question of who her biological parents are.

    Poe naturalized, not natural-born, citizen
    Poe’s counsel projected that the SET hearing would be a long drawn-out affair, and intended to dribble the proceedings so they would stretch over weeks and even months.

    That outlook changed dramatically when Senior Associate Justice Antonio Carpio, SET chairman, weighed in with his questions and comments. You could feel the ship tilting in favor of petitioner Rizalito David as people comprehended what they were hearing.

    Justice Carpio logically and clearly spelled what he believes is the legal status today of Senator Poe, with respect to her citizenship.

    Carpio said Poe can be considered a Filipino under international customary law, but only as a naturalized citizen, not as a natural-born citizen.

    He cited Article 4, Section 1 of the 1935 Constitution that he said should apply to Poe. The fifth paragraph of the constitutional provision considers as citizens of the Philippines “those who are naturalized in accordance with law.”

    “We do not follow international customary law because our Constitution has primacy,” Carpio explained.

    “If there is a customary international law saying foundlings can be deemed citizens of the country where they are found, we apply that under the principle of incorporation. It is deemed as municipal law.”

    “But you are still a naturalized citizen, not natural-born. Because if customary international law says a foundling is natural-born, it will violate our Constitution and we cannot apply it here.”

    The SET chairman said the principle of jus sanguinis (right of blood) will be the sole basis for one to be considered a natural-born Filipino citizen.

    He added that the Philippine Constitution requires either of the parents of Ms. Poe to be a Filipino citizen for her to be a natural-born citizen.

    “To be natural-born, you must show blood relation,” Carpio pointed out. Ms. Poe should now prove that her biological parents are Filipinos.

    With this, the burden of proof shifts to Poe to prove that she is a natural-born Filipino citizen.

    Carpio said foundlings like Poe could still prove their citizenship through DNA matching.

    “If tomorrow you happen to find out by DNA matching that your parent is Filipino, you can still prove that you are natural-born,” he added.

    Another justice member of the tribunal, Supreme Court Associate Justice Arturo Brion, supported Carpio’s position. He said that it is now up to Poe to prove that she is a natural-born citizen of the Philippines.

    “Because Poe’s parents are unknown, she must now prove that [they are Filipinos],” he added.
     
    Shift of the burden of proof
    At the close of the first day of oral argument, the Poe camp looked “shocked and awed.” They were at a loss on what to say or do next.

    (As readers may remember from the US invasion of Iraq in 2003, “Shock and awe” was the military doctrine used by the US military in subduing Saddam Hussein and his dreaded armed forces. It seeks to paralyze and destroy the enemy’s will to fight.)

    Poe’s counsel had entered the argument hoping to squarely place the burden of proof on David and his counsel. Since David filed the complaint of disqualification, he and his counsel must prove that Senator Poe is not a natural-born Filipino citizen.

    By the time the first day of hearing ended, the burden of proof had decisively moved to the Poe camp. They would have to prove that the senator is a natural-born citizen, to prevent her ouster from the Senate. That is the only way to show that she is qualified to retain her seat.

    It is a measure of how gravely the Senator’s position was battered, that towards the end Poe’s lawyers, Alex Poblador and George Garcia, were telling the court that the Senator already underwent DNA testing “with a probable biological match” to prove her Filipino lineage. And other tests are under way with possible siblings.

    They told the tribunal that the DNA results would be available in two to three weeks.

    The beginning of the end
    However the DNA tests turn out, Senator Poe and her campaign have sustained a blow to its confidence and its case that is potentially crippling.

    There comes a moment for every campaign for the presidency, when it must face adversity and face a moment of truth – when a decision must be made whether to push on or turn back, because the prize may be unattainable.

    Justice Carpio’s comments on the Senator’s citizenship status were declarative and crushing. But he is not the tribunal. There are eight other members. Significantly, however, the two other justice members of the tribunal appeared to share Carpio’s opinion.

    It may be that last Monday, September 21, at a hearing room of the Supreme Court, the campaign of Grace Poe for the presidency experienced the beginning of the end.

    This is the point where Ms. Poe must confront the hard reality that there are serious questions about her qualifications for high office, as well as questions about her fitness for high office.

    This is where some in the media will begin to wonder whether it is wise to give her such a large megaphone to promote her candidacy.

    The reality is that although the media love popular candidates like Poe and Duterte, because of their freshness and unpredictability, they can also fall out of love with the flavor of the month. As Arianna Huffington has said, “ When the media fall out of love they fall out of love very quickly.”

    yenmakabenta@yahoo.com

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    65 Comments

    1. I think “Marcelo” is absolutely right. Anyway, regardless of what Carpio or anybody says or notwithstanding any decisions of the SET and the COMELEC, being that the issue involved is a question of law, the Poe case will come to its final resolution after the Supreme Court will declare what the law is on who is a “natural born”. I think that if you are foundling and considered a citizen of the country where you were found (that is what Poe is) under international law which was adopted in the applicable 1935 Constitution (See Article 11, Sec.3). common sense and logic would tell you that you were natural born in the same country where you were found. And how could it be differently?

      • She acquired Filipino citizenship because of the UN Convention mentioned by SC Justice A. Carpio. But this does not mean she acquired natural-born status as per the 1935 Philippine Constitution which is sovereign and trumps the UN Convention. She was a foundling at birth (parents unknown), and considered to be stateless – this means she can not be considered as natural-born Filipino even though she became a Filipino due to the UN Convention. This is why Justice Carpio categorized her as a “naturalized” citizen. She did not go through the naturalization process which non-Filipino citizens have to undergo to acquire Philippine citizenship. The UN Convention which was applied to her is, according to Justice Carpio, deemed to be municipal law in the Philippines. Since naturalization results from the operation of law, Grace Poe Llamanzares, therefore, is a “naturalized citizen”. Gets mo? If not, “basahin uli nang mabagal o dahan dahan yung sinabi ni Judge Carpio”. This is what I did. It can quite be confusing.

    2. si Grace Poe lang and only grac poe can give BLOOD SAMPLE FOR DNA TESTING THAT IS WHY justice Carpio is SUPER CORRECT to say that the BURDEN OF PROOF LIES IN Grace Poe’s shoulder . David’s side has already presented their side clearly (ie.. iba ibang birth certificate ni grace poe , using US passport to travel so amny times .. SHE DID NOT USE PHILIPPINE PASSPORT to whom she now claims she has allegiance . TO ALL GRACE AND CHIZ ESCUDERO supporters, BE REAL , BE FAIR , BE TRUTHFUL …. BE SHAMEFUL ALSO …. QUESTIONING THE SUPREME COURT JUSTICES BY SOTTO, LEGARDA and others who are not even .lawyers in favor of grace poe who is clearly WRONG is such a SHAME AND UNCALLED FOR

    3. The Philippines has 100M population.
      It is surprising why we are hooked on only one citizen in Grace.
      A lot of option are available.

    4. ang masasabi ko sa mga taong mapanghusga .cguro tumingin muna kayo sa salamin baka natatapakan nyo rin ang iyong sarili.walang masama kung ampon ka o walang kinikilalang magulang ang isang tao.kung maganda naman ang motibo ng isang tao para bayan.meron dyan na maraming alam pero masama ang balak sa bayan.hindi pare-parehas ang ugali ng isang tao depende na lang sa kanyang kinalakihan o kapaligiran.respeto na lang at alamin kung ano ang plataporma para sa ikakaganda ng ating bayan.hindi lang c grace poe ang iyong pinatatamaan kundi mga bata at ordinaryong mamayan na ampon din katulad sa sitwasyon ni sen. grace poe.nagkataon lang na nasa mataas na posisyon sya.nakakalungkot lang isipin na maraming makikitid ang utak at nagmamarunong pero wala naman talagang alam.

      • Boss tsip, ma-walang galang na lang po pero BATAS po at Saligang Batas ang dapat pa-iralin sa bagay na ito, yun lang po. Respetado po ng marami ang magandang hangarin ni Gng. Llamanzares at marami pong na-niniwala sa kanyang hangad na gawing ma-unlad ang baying Pilipinas…salamat po

      • Hindi naman issue kung masama ba ang foundling or ampon. Ang tanong ay kwalipikado ba sya na tumakbo sa pagka presidente ng bansa. Kaya nga nasa korte na ngayon para malaman kung pwede or hindi. hayaan na lang ang korte.

      • laguatanlawzen.com on

        Both of you are utterly wrong. The issue here is about the citizenship of Grace Llamanzares and not kon masama or mabuti ang motibo. The question is, what does the law provides for the issue at hand? Don’t muddle the issue, my goodness.

    5. Bakit nung nag aapply pa Lang Sa MTRCB ito eh di ito napansin….is this how gullible, incompetent and amateur this gov’t. Is?….wala ba silang taga imbestiga and people to do background checks….I suspect we have numerous gov’t. appointees of the same case….calling on all departments to do your background checks asap..and I mean PRONTO….mga inutil

      • The position of MTRCB Chairman does not require natural born citizenship from the appointee. That is why at that time, Grace Poe’s qualification was not questioned.

      • Reply to Bar Wannabe

        Sorry, but the chairman of the MTRCB must be a natural born citizen. Check the presidential decree below signed by the late President Ferdinand Marcos:

        PRESIDENTIAL DECREE NO. 1986 – CREATING THE MOVIE AND TELEVISION REVIEW AND CLASSIFICATION BOARD

        Section 2 Composition

        The BOARD shall be composed of a Chairman, a Vice-Chairman and thirty (30) members, who shall all be appointed by the President of the Philippines.

        “No person shall be appointed to the BOARD, unless he is a natural-born citizen of the Philippines”.

    6. Since the burden of proof shifted to her side…. then prove she must… at this point her senate seat should be declared vacant pending results of the set investigation…. follow the rule of law….

      • what the experts said must be followed… prove that she is a natural born…. if not she should vacate her post in the senate asap. The rule of law must prevail….. considering that she is still very neophyte politician, nothing done for the good of the country yet, nag aaral pa lang cya, and yet gusto na nya agad maging presidente, AMBISYOSA!…hilaw na hilaw pa…. ano, pag nanalo dahil sikat ang umampon sa kanya eh, bahala na ang pilipinas? anak ka ng ina mo grace, maawa ka sa pinas.

    7. “… that the SET hearings would be a long-drawn out affair, … so they would stretch over weeks and even months.” Or even years?
      It is to the interest of the camp of Grace Poe if the hearings indeed stretch to years or at least to 9 May 2016, the presidential elections. And this scenario is possible considering that it will be the Supreme Court and not SET which will be the final arbiter of the citizenship question of Grace. Why is prolongation of the hearings to Grace’s interest?
      Vox Populi , Vox Dei will be the end-strategy that the Grace camp will rely on to wrest the 2016-2022 presidency. Right now, the Grace campaign has the popularity – name recall, sentimental necro politics, FPJ’s old movies, massive campaign jingles and hordes of popular actors , actresses and entertainers which will all help sustain Grace’s current number 1 standing in election surveys until Election Day . She has the 20-point agenda which gives a facade of substance and respectability to an otherwise purely entertainment-based campaign and from where a concise and appealing message and slogan will be derived. She has Erap and his PMP which can easily provide millions of warm bodies from the masa for the needed votes and for any mass movement action that may be required to protect these millions of pro- Grace votes. She has Danding Cojuangco and the NPC who can provide the machinery, the logistics and other resources needed to solicit votes, protect votes, insure faster, more efficient communications and transportation requirements . And she has other tycoons more than willing and able to underwrite her entire campaign. These are all assured. What is not assured is time. The declaration that Grace Poe is not a natural born Filipino should be done earlier than later. If not, we may have a situation in 2016 of a duly elected president who is not qualified to be president in the first place.
      2016 may indeed turn out to be an interesting year for the Filipinos.

    8. Justice Carpio should inhibit now from Sen Poe’s disqualification case. Ngayon kaaga pa lang halata na ang pagka-Mar Roxas niya, ano ba yan.

      • The good justice is only proving with legal basis not a fiction. Grace Poe is still a Filipino, but a naturalized Filipino citizen. Our constitution must first be applied to her and all citizens living and residing within our territorial jurisdiction.

      • Based on your reasoning, other members of SET like Senators Sotto, Binay, and Legarda should also withdraw or

        Based on your reasoning, other members of SET such as Senators Sotto, Legarda, and Binay should also withdraw. The first two are clearly on the side of G. Poe LLamanzares, while Senator Binay will be against her. So why are you not calling for their withdrawal?

    9. You can just imagine her family in the US are all American citizens? In her family, she renounce her US citizenship excluding of her families. Don’t you think after serving as President of the PHilippines, she will not go back to US? what an opportunist. She is taking advantage of the popularity of her father “kuno” which is Fernando Poe, Jr. WHAT A DISGRACED…

    10. The ultimate and real question is: Has Ms. Poe the qualifications and fitness to the highest office of the land? Or, is she being ‘qualified’ ,by all means, to be used by the powers-that-be? How naive can she be?

    11. Enough of Lies and Deception.
      Enough of Propaganda.
      Let’ s support a true Filipino with
      Experience and track record of
      governance.

    12. To all who loves Grace Poe:
      Minsan, sa yugto ng buhay ni Grace Poe, tinalikuran, niyurakan ang bansang Pilipinas at niyakap ang Amerika at nanumpa sa bibliya na kapag nakagiyera ng Amerika ang Pilipinas ay kasama siyang magbibitbit ng armas at lalabanan ang mga Pilipino.

    13. Sir,
      The admission of dna testing where lawyers of poe camp loose their position is simply an anticipation of Justice Carpio and the rest of justices member of SET constitutional circumspection on the core of the issue.

      The end of romanticization with the yellowtards.

    14. People who keeps to insist about the umbilical cord yarn or she was born out of a cursed relationship and the serendipitous way she was discovered are just angling their arguement on an urban legend, the fact remains that she was a foundling without the benefit of a known natural born Filipino parents – as such she can be considered under the constitution of the Philippines as a naturalized citizen.

      Unless, someone comes forward to claim themselves as the real parents, Llamanzares’ citizenship remains questionable. While, consenting to a DNA test sampling with her ‘siblings’, could be the first step to knowing she has Filipino blood, it still does not necessarily end there, proof beyond reasonable doubts still has to be examined that she and her ‘siblings’ come from the same parents. Besides, her council had issued a lot of documents to show as proof, that does not add up to make their claim indisputable.

      So, this is where the burden of proof has turned to her, because of these doubts. Now, her financiers are scrambling the issue to salvage not really her reputation but their vested, primarily their interest on gaining the upper hand this coming election and to maintain the status quo – they (the moneyed financiers) have been used to manipulating the citizenry with their paid media and battery of lawyers and lawmakers, and now at least, long suffering Filipinos get our allies in the persons of the 3 justices, who would defend and uphold the constitution of the Republic of the Philippines against these scums.

    15. We just focus to the issue whether or not “Senator” Grace Poe is natural born citizen. The burden of proof now lies on the respondent and “Senator” Poe should now look for her true and biological parents or if not her true parents i.e if they are still alive to come out, hence to finally resolve the issue, if possible on or before the filing of candidacy ends.

    16. There are interesting point of question about the personality of Grace llamanzares, Please answer: Why ms. grace poe llamanzares your husband and you children are still american citizen? it means you are still an american citizen, perto nakalusot kayo sa kasalan ni pnoy inappoint kayong mtrcb chair na di inalungkat ang inyong tunay na pagkatao, tapos naging senador pa kayo ano ginawa ng comelec at senado bakit naka lusot kayo? ngayon di kana lulusot basura tungo mo!

    17. Ang dami dami nyong comment eh Alam ng mga taga Iloilo kung sino ang magulang ni Grace. Ayaw lang talagang ipabisto nina FPJ at Susan kung sino dahil baka maraming ma shock. Bakit nga ba aampunin nila Susan at FPj si Grace e ang daming bata dyan sa Hospicio de san jose. Susan at FPJ knows the secret who really is Grace kaya nila inampon. My guests. Anak siya ni Rosemarie or anak siya ni FPJ. Grace skin is fair and her nose is like FPJ.

    18. On Grace Poe citizenship by birth issue.
      Philippine nationality law provides that a person becomes a Philippine citizen by birth if
      1. that person was born on or after October 15, 1986 and at least one parent was a Philippine citizen on the birthdate;
      2. that person was born on or after January 17, 1973 and both parents were Philippine citizens on the birthdate or the person elected Philippine citizenship pursuant to the provisions of the 1935 Constitution;
      3. or the person was born on or after May 14, 1935 and the father was a Philippine citizen or, if the father was not, the mother was a Philippine citizen and the person elected Philippine citizenship pursuant to the provisions of the 1935 Constitution;
      4. or that person was born on or after August 29, 1916 and prior to May 14, 1935 and at least one parent was an inhabitant and resident of the Philippine Islands and a Spanish subject on April 11, 1899, or that person was an inhabitant and resident of the Philippine Islands and a Spanish subject on April 11, 1899, except in certain specific cases.
      Grace Poe was born on September 3, 1968 in Iloilo City so she cannot be categorized under #1 or #2.
      Grace Poe is very unusual case. But given the circumstances of her birth her case can be argued in court that she is a natural born citizen under #3 if her mother was in fact a Filipino citizen at the time of her birth and Grace Poe elected to be Filipino citizen.

      • Yep, her case is unique, coverage of specific provisions. Se e m vague, foundlings were not dicussed or clarified in the 1935 or later contitutional revisions, she brathed her first in the Philippines. finding her parents may tale a long time. are we fair to a foundling?

      • yes, but who is the mother? dna must match with a parent. no parent, what will you do with dna results?

      • True, but that has been scrutinized by SET and found her stateless, because the two birth certificates presented were proceeded from lies or from faking and there was no mention of election at maturity.

    19. Oh, I mean, the principle of “Jus Solis” that is the principle by birth. From the place she was born.

      • hindi nga po “jus soli” ang inaapply sa Pilipinas. “Jus sanguines” po. Walang namang nagsasabi na hindi sya pinanganak dito. Ang contention, hindi imposibleng dito manganak ang isang foreigner na foreigner din ang nakabuntis. Kaya nga kailangan i-prove na Filipino ang either parent. Gets na? :-)

    20. Let us simplify the arguments to two basic principle of citizenship as adopted in our constitution. The principle of citizenship by birth has been muddled by the arguments on citizenship by blood. Let’s just accept the presumption that Poe was born in the Philippines. She was found with an umbilical cord in a church in Iloilo. In that state it was very clear that she was born there. It we would be fool hardy to assume that she was born in another country and brought here at that stage. So if she was born here even without a known parent, by the principle of “Jus Sanguines” she is Filipino citizen. A natural born at that.

      • How can you invoke “jus sanguines” when her parents are unknown? They could be Chinese, Spanish, Americans, etc. She admits she is a “foundling” – i.e., parents unknown.

      • Mere presumption of natural-born by the mere presence of umbilical cord is not conclusive, but weak argument or very poor evidence, as there are many other things or purposes that umbilical cord had its presence there. As a former forensic auditor my examination shall go beyond that if that is a principal concern in the trial.

    21. Well…… mas maliwanag pa sa sikat Ng araw, Barong Umaga….DisGraciada, Mayabang Grace…. will eventually quit…..Ang Kapal…..wow..

    22. Leodegardo Pruna on

      Ambitious, Arrogant, Amiss of whatever honor is left, the disgraced GRACE should bow out of the senate and her bid for the presidency because of the lies she committed in her defense of self. The lawyers representing her have nowhere to go but to claim “vox populi, vox dei” which cannot apply to GRACE because in the first place her basis for citizenship are all lies and concocted. God bless the Philippines.

    23. Grace Poe should consider resigning from the senate and dropping out of the Presidency. It is not believable that she wanted to be president out of her real concern for the people. she abandoned the Philippines for convenience. .

    24. “shocked and awed” by Justices Carpio and Brion. Do we have a plan B? How about DNA testing of LLamanzares blood against her own blood? A very bright idea, huh? This should give her a 100% certainty of a match that nobody can dispute. You see, Llamanzares and her surrogates, advisors and all (e.g. escudero) are smarter than most Filipinos. They can always concoct stories that the gullible Filipinos will buy. ENOUGH IS ENOUGH! This American ‘trojan horse’ and her cohorts are CHEATS and FRAUDS seeking public offices to enrich and engrandize themselves. Bayan ko, gumising ka! This is ‘evil’ before our eyes. We should not let Llamanzares dupe us the second time!

      • Before we make any uncharitable comment about Grace Poe, we should study the relevant provisions of the 1935 Philippine constitution on citizenship. It was clear there that there are only two types of Filipino citizens: natural-born and naturalized. The Philippines has a law on naturalization which prescribes therein the qualifications of those who wish apply to become citizens of the country. Not qualified are those still below 21 yrs old. There are other requirements. Since Grace Poe did not undergo naturalization at any time since her birth, she can only be, by this time, a foreigner or a natural-born Filipino. But under customary international law which our constitution recognizes as part of the law of the land, foundlings with unknown parents, like Grace Poe, are presumed to be born in the place they were found and are to be considered citizens of that place. It is also presumed that the parents, though unknown, are citizens of that place. So Grace Poe must be a Filipino at birth. Since she did not undergo naturalization, she is a natural-born Filipino. Proof that she is a Filipino is she was issued a certificate of live birth as Filipino which was subsequently used in the adoption process that eventually made her the daughter of FPJ and Susan. Only Filipino children can be adopted in the Philippines.

      • Reply to Marcelo:

        I think you are a bit confused. You equate “naturalization” in G. Poe-Llamanzares case as the result of the usual steps or criteria that a non-Filipino citizen must satisfy or carry out or undertake to become a naturalized Filipino. This is not what Justice Carpio means when he stated that Mrs. Llamanzares is a “naturalized” Filipino. He means that she became naturalized by “operation of law”. Since the Philippines is a signatory to the UN Convention that basically stated that foundlings are to be “given” a nationality based on the country where they were found, Mrs. Llamanzares, therefore, became a Filipino because she was found in Jaro, Iloilo, Philippines. According to Justice Carpio, this provision of the Convention does not take precedence or primacy over domestic law as expressed in the 1935 Philippine Constitution. As a foundling, she was stateless at birth, and cannot be considered as a natural born citizen However, the UN provision at issue, if applied to the case at hand, is considered to be a form of municipal law in the Philippines. Thus, since “naturalization” takes place or results only as an operation of law (the normal process of naturalization as prescribed by law for non-Pinoy citizens), granting “foundling” Mrs. Llamanzares Filipino citizenship based on the UN Convention is “naturalization” leading to her being declared a naturalized Filipino citizen. However, this does not mean that she is now a natural born citizen of the Philippines. She is now a Filipino citizen alright, but still not natural born.

        By the way, her adoption has been deemed to be bogus because the Municipal Court of San Juan which approved the adoption did not have jurisdiction over adoption cases. When this fact was brought up during the second hearing by Mr. R. David’s lawyer Mr. M. Luna, Mrs. Llamanzares lawyer Mr. Poblador did not object. “Siguro kaibigan o kaya binayaran yung judge ni Susan at FPJ”.

    25. If I were Mrs. Grace Poe-Llamanzares, I will drop my bid for presidency and at the same time resign as a senator to restore my honor and dignity.

      • Leodegardo Pruna on

        That is a very good advice and that is what disgraced GRACE should do to retain whatever honor and dignity she has left. God bless the Philippines.

      • Leodegardo Pruna on

        What do we expect from the disgraced GRACE except lies and lies. God bless the Philippines.

    26. Felimon A. Soria on

      To avoid further agony, why cant a witness, a physician, midwife, nurse or a parent or parents in the delivery of Sen. Llamanzares in the hospital or in any place outside of hospital will just come out and testify in her behalf. For anyone to deny the Senator her quest for the highest office of the land is blatantly cruel to say the least.

      REPLY

      What about the duty to respect the Constitution and the laws? Can an American do what Grace APoe Llamanzares is doing here? Filing false birth certifcates, declaring falsehoods under oath?

      • Grace Poe’s is suffering an identity crisis. She should not be allowed to trample the Constitution. I myself undergo scrutiny whenever i transact business with a bank or other institutions as several valid IDs are required. Seeking the highest office SHE MUST undergo scrutiny and provide proper identification.
        Grace Poe submitted 2 birth certificates with very different entries in both her name and her parents. She was born not just once but twice!

      • It would be better for all of us to be objective about Grace Poe’s case because that is the gentlemanly thing to do. If we must express our opinion, we can do it in a civilized manner, that is, never to be rude, uncouth, or uncharitable.

        Now, these are the objective facts about Poe:
        1. She was a foundling in Iloilo.
        2. She was issued a certificate of live birth in Iloilo which was not a falsification .
        3. The same certificate was used in processing her adoption by FPJ and Susan in 1974.

        As a foundling with unknown parents, Poe is not covered by the 1935 Constitution under the citizenship provisions but by the provision that the Philippines recognizes the principles of international law as part of the law of the land. Now, what is that principle that applies to Grace? It is that foundlings with unknown parents are presumed citizens of the place where they were born. They are therefore citizens at birth.

        The same 1935 Constitution recognized only two ways by which a person could become Filipino: by being natural-born and by being naturalized. A natural-born Filipino do not have to do anything to acquire or perfect his citizenship. A naturalized Filipino had to undergo a process prescribed in the Philippine naturalization law. Grace never underwent naturalization; therefore, she is a natural-born Filipino.

    27. mikhail hieronymus on

      The present development of the SET hearing at the S.C., it looks like the Game is Over for Grace, unless some unseen hands mysteriously change everything.

      In our beloved country, anything is possible and had happened many times before. So, I am not surprise anymore if the outcome will not be what it should be.

    28. And by using her American passport when travelling in the US will be her another problem, like the case of Mayor Arnado that was disqualified by using his America n passport 2 years before election.Don’t these people know that when you enter US you are either a tourist carrying a tourist visa but your passport is from the country you came from, an Immigrant carrying an Immigrant visa but the passport is from the country you came from, and same as student visa, and when you are carrying an American passport you don’t need a visa because you are considered a citizen of US. Are we Filipinos are that stupid.

    29. Mr. R. David and his lawyer may have to add a DNA expert to their team. DNA tests can easily be manipulated, and the results “cooked”. The validity of the results need to be questioned as it seems the samples have been taken surreptitiously. Whoever performed the tests should be cross-examined as to methodology and sampling techniques. In fact, due to the seriousness of this case, Mr. David should insist on new samples being taken from Grace Poe’ Llamanzares’ supposedly possible “siblings” in the presence of both Mr. David and Mrs. Llamanzares or their authorized representatives. There should also be an independent third party to witness the proceedings, and the samples must be sent to reputable firms abroad for proper analysis.

      What is sad about this whole situation is that it need not have happened if PNoy and his advisers did not appoint an American to be chairman of MTRCB. This appointment started the whole ball rolling, so to speak. One of the requirements of this position is that the chairman be a natural born citizen of the Philippines. How could PNoy not discover that Mrs. Llamanzares was a US citizen before approving her appointment? And isn’t he the guy who utters “daang matuwid” at every opportunity? “Daang matuwid” indeed!

      • This is the better way of saying it . That Grace Poe accepted and assumed the chairmanship of MTRCB only after she renounced her US citizenship and reacquired her natural-born Filipino citizenship.

      • Reply to Marcelo:

        Read the article again, or even the earlier articles of Mr. K. Tatad and Mr. Makabenta, and most importantly, the opinion Of Justice A. Carpio. Mrs. Poe-Llamanzares is a foundling, not a natural born citizen!. She may have renounced her US citizenship before accepting the appointment, but the MTRCB position should not have been offered to her in the first place because she is not natural born. PNOy and his advisers did not vet her properly. Or maybe they thought “palusot na lang”, and hoped that no one in the Philippines would notice.

        RA 9225 which confers dual citizenship status to natural born Filipinos who have become citizens of other countries does not apply to her. She was not a dual citizen when she returned to the Philippines. She was a US citizen up to the point when she renounced on October 20, 2010. The renunciation is useless because she is not natural born, and should not have become MTRCB chairman. She did not, as you claim, reacquire natural born status.

    30. Rodolfo Liporada on

      It is also the end of Poe’s liars, I mean lawyers. Their not trying to comprehend Philippine constitution vis-a-vis international law is beyond me. This case was clear from the beginning even from a non lawyer’s perspective. Geez!

    31. Is she afraid of the truth will come out that It would be remarkable and stunning if the DNA results matches of that of Former President Ferdinand E. Marcos, Rosemarie Sonora and/or Sen. Bongbong Marcos? Definitely Ilocanos will vote for Grace Poe, a sure winner.

    32. It was in the pre trial conference that the lawyers of Grace Poe committed a great mistake when consented in the stupulation to longer tackle the errors on Grace live birth certificate. They taught the universal declaration of the UN will apply that they forgot that our constitution have clearly stated who are considered natural born citizen of the Philippines. During the oral argument, they realized that the UN declaration will be loser they wanted to cancel the stipulation to delay the process and put the burden of proof to Rizalito David. Now the table were turned, they are now planning to use the DNA result and have been conditioning our minds that they will only show results of the DNA match but will never present either of the parents for reason they saying it will be too personal. The senate tribunal will never allow it because witnesses in the court are always subject to cross examination by the opposing lawyer.

    33. Nancy Bulok Cake on

      Masyado naman kasing ambisyosa itong si Poe. Nanalo lang ng pagka-senadora na dala ang pangalan ng artista. Pero sa totoo lang pag ang ginamit niyang pangalan ay Llamanzares ay tiyak na kulelat siya. Well, sabi nga ni Pinoy na pabayaan siyang kumandidato at pag natalo siya dahil sa kamang-mangan niya sa “Separation of Church and State” ng INK ay laking kahihiyan niya. Ano nga ba naman ang work experience niya sa Amerika kundi clerical lang. Ang iba kasing mga Pilipino (kahit na may PhD) na nasa Amerika ay ordinaryo lang ang trabaho nila sa U.S. Kagaya ni Sam Milby (na napaka-ambisyoso at gusto pang maging artista ng Hollywood) at Piolo Pascual (na pinipilit ang pilipit niyang English, na kung baga ay trying hard mag-English) ay hindi kinikilala ng mga Kano at ang puwedeng trabaho lang nila sa Amerika ang gas attendant. Diyos ko!!! Huwag mo naman sanang panalunin ang mga artista sa eleksiyon kagaya nina Estrada, Revilla, Lapid, Alma Moreno, Nora Aunor, Jaworski at iba pa. Wala naming ginagawa ang mga iyan sa congreso kundi ngiti-ng ngiti (pa-epal) kagaya ng mga Binays.